News & Analysis as of

H-1B B-1

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Fisher Phillips on

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

International Lawyers Network

Establishing A Business Entity In The United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

WilmerHale

Court Endorses False Claims Act Theory for Business and Work Visas

WilmerHale on

In a False Claims Act (FCA) case with implications for the use of business and work visas, the US District Court for the District of New Jersey refused on Tuesday to reconsider or allow an immediate appeal of its prior ruling...more

Harris Beach PLLC

Department of State Expands Waivers of the Interview Requirement for Certain Nonimmigrant Visas

Harris Beach PLLC on

In a long-awaited effort to address delays and backlogs that have arisen due to consular closures and limited staffing over the last year-and-a-half, on December 23, 2021, the U.S. Department of State announced that it is...more

WilmerHale

Court Endorses and Rejects False Claims Act Claims Related to Visas

WilmerHale on

In a case that has implications for companies that utilize US work and business visas, the US District Court for the District of New Jersey recently ruled on two theories under the False Claims Act (FCA) related to the use of...more

International Lawyers Network

Establishing A Business Entity In The United States

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Constangy, Brooks, Smith & Prophete, LLP

State Department Proposes To Eliminate Controversial “B–1 In Lieu Of H-1B” Policy

For many years, U.S. employers have benefited from the “B–1 (Business Visitor) in lieu of H” policy. The policy allowed a business visitor to come to the United States as an employee of and on behalf of a foreign employer in...more

Mintz - Immigration Viewpoints

The Department of State Proposes to Eliminate B-1 in Lieu of H Visa Classifications

On October 21, 2020, the Department of State (“Department”) published a proposed B-1 regulation in the Federal Register. The Department seeks to revise the existing B-1 business visitor regulations by eliminating options for...more

Jackson Lewis P.C.

Department Of State Proposes To End B-1 In Lieu Of H-1B Visa

Jackson Lewis P.C. on

The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level...more

Fox Rothschild LLP

Immigration Agencies Response To The COVID-19/Coronavirus Pandemic

Fox Rothschild LLP on

In an effort to allay concerns and to enable our clients to adjust plans relevant to nonimmigrant or immigrant visa status in light of the current unprecedented situation, we are providing you with this update regarding...more

Sheppard Mullin Richter & Hampton LLP

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

Faegre Drinker Biddle & Reath LLP

Immigration Agencies Hint at Possible Regulatory Changes

Twice a year, in the spring and fall, each federal agency publishes its regulatory agenda. This is a list of changes to federal regulations that the agency is considering proposing during the next year or so. While the...more

Faegre Drinker Biddle & Reath LLP

Immigration Considerations for Financial Services and Insurance Employers

Financial services and insurance companies of all sizes require innovative immigration strategies and support to remain competitive in the global marketplace. From moving business leaders around the world to onboarding talent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New State Department Social Media Requirement Expected to Cause Delays

Foreign nationals are now required to provide a five-year history of social media usernames, telephone numbers, and email addresses when applying for U.S. nonimmigrant or immigrant visas. The plan to require more information...more

Faegre Drinker Biddle & Reath LLP

Visa Options and Immigration Strategies for Manufacturers

Many visa options exist to enable U.S. manufacturing companies to employ talented professionals, researchers and managers who are not U.S. citizens or permanent residents. This article will introduce the primary nonimmigrant...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Releases Ambitious 2018 Regulatory Agenda

The Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule....more

Moore & Van Allen PLLC

Are you ready for summer travel?

Moore & Van Allen PLLC on

Vacation season is just around the corner. Whether you are a visa holder, tourist or U.S. permanent resident, organizing your travel documents is a critical part of international travel. Discovering an expired document too...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

FordHarrison

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Kramer Levin Naftalis & Frankel LLP

Executive Order Bans Entry of Foreign Nationals From Seven Countries

Last Friday, President Trump signed an executive order banning the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of at least 90 days. The executive order,...more

Foley & Lardner LLP

Hybrid Visa Offers Alternative to Limited H-1B Visa

Foley & Lardner LLP on

For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative...more

Baker Donelson

Immigration Corner: December 2015

Baker Donelson on

Where is the Foreign Affairs Manual? As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This...more

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